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Financial Sector (Transfers of Business) Bill 1999

Part 5 Evidentiary certificates

   

37   Certificates evidencing operation of Act etc.

             (1)  An authorised APRA officer may, by signed writing, make a certificate certifying any matter in relation to the operation or effect of this Act and, in particular, may certify that:

                     (a)  a specified matter or thing relevant to a receiving body is an aspect of the operation or effect of this Act; or

                     (b)  a specified thing was done for a purpose connected with, or arising out of, the operation or effect of this Act in relation to that receiving body; or

                     (c)  a specified asset of the transferring body has become a transferred asset of that receiving body; or

                     (d)  a specified liability of the transferring body has become a transferred liability of the receiving body.

             (2)  For all purposes and in all proceedings, a certificate under subsection (1) is conclusive evidence of the matters certified, except to the extent that the contrary is established.

38   Certificates in relation to land and interests in land

                   If:

                     (a)  a receiving body becomes, under this Act, the owner of land, or of an interest in land, that is situated in a State or Territory; and

                     (b)  there is lodged with the Registrar of Titles or other appropriate officer of the State or Territory in which the land is situated a certificate that:

                              (i)  is signed by an authorised APRA officer; and

                             (ii)  identifies the land or interest; and

                            (iii)  states that the receiving body has, under this Act, become the owner of that land or interest;

the officer with whom the certificate is lodged may:

                     (c)  register the matter in the same manner as dealings in land or interests in land of that kind are registered; and

                     (d)  deal with, and give effect to, the certificate.

39   Certificates in relation to other assets

             (1)  If:

                     (a)  an asset (other than land or an interest in land) becomes, under this Act, an asset of a receiving body; and

                     (b)  there is lodged with the person or authority who has, under a law of the Commonwealth, a State or a Territory, responsibility for keeping a register in respect of assets of that kind a certificate that:

                              (i)  is signed by an authorised APRA officer; and

                             (ii)  identifies the asset; and

                            (iii)  states that the asset has, under this Act, become an asset of the receiving body;

that person or authority may:

                     (c)  register the matter in the same manner as transactions in relation to assets of that kind are registered; and

                     (d)  deal with, and give effect to, the certificate.

             (2)  This section does not affect the operations of the Corporations Law.

40   Documents purporting to be certificates

                   A document purporting to be a certificate given under this Part is, unless the contrary is established, taken to be such a certificate and to have been properly given.